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406 results found

Article

Ogletree Deakins | USA | 29 Oct 2009

Termination of teacher after her complaints on behalf of disabled students may constitute ADA retaliation

The 9th U.S. Circuit Court of Appeals has held that a teacher’s statements on behalf of disabled students were “protected activity” under the ADA, and that the teacher had standing to sue for retaliation under the ADA and Section 504 of the Rehabilitation Act.

Article

Ogletree Deakins | USA | 16 Jun 2009

High court overturns pregnancy bias ruling

The U.S. Supreme Court recently held that an employer did not violate Title VII of the Civil Rights Act by granting limited service credit for purposes of calculating retirement benefits for pregnancy leaves taken before Title VII was amended in 1978 by the Pregnancy Discrimination Act (PDA).

Article

Locke Lord LLP | USA | 1 Jun 2009

Supreme Court rules for employer in maternity leave case

In AT&T Corp. v. Hulteen, the United States Supreme Court was asked to determine whether employers violate Title VII of the Civil Rights Act by not fully restoring service credit for pregnancy leaves taken before the 1978 passage of the Pregnancy Discrimination Act (PDA) for employees who retire post-PDA.

Article

Jones Day | USA | 22 May 2009

Supreme Court upholds employer pension payment based in part on pre-PDA differentiating rule

In a 7-2 decision, the Supreme Court on Monday decided that an employer's calculation of pension benefits that gave less retirement credit for pregnancy leave than for other medical leave, based on a rule applied only prior to enactment of the Pregnancy Discrimination Act ("PDA"), did not violate Title VII of the Civil Rights Act.

Article

Squire Patton Boggs | USA | 21 May 2009

Supreme Court rules Pregnancy Discrimination Act not retroactively applicable to pension benefit calculations made prior to enactment

In AT&T v. Hulteen, the US Supreme Court held that because Congress did not intend the Pregnancy Discrimination Act (PDA) to apply retroactively, the pension benefit calculation used by AT&T prior to the enactment of the PDA was lawful and must be considered a bona fide seniority system immune to Title VII challenges.

Article

Porter Wright Morris & Arthur LLP | USA | 20 May 2009

Supreme Court issues decision in AT&T v. Hulteen

On May 18, 2009, the Supreme Court of the United States issued its opinion in AT&T v. Hulteen.

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